← Library
Patna High CourtCWJC/21882/2018withdrawn

Engineering Projects India Ltd. v. The Bihar State Milk Co Operative Federation And ORS

2018-11-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21882 of 2018 ====================================================== Engineering Projects ( India ) Ltd. (A Government India Enterprises) having its Head Office at 43, Scope Complex, Lodi Road, New Delhi110003 & Local Office at Subhago Kothi, 1st floor, Kalyanpur Colony Ward No. 33, Chuna Bhatta, Near Railway Station, Dehri On Sone-821307, through its General Manager Sri Sanjib Kumar Biswas, son of late B.C. Biswas, resident of 19/C, Ashok Nagar, Ranchi .... .... Petitioner/s

Versus

1. The Bihar State Milk Co Operative Federation, Dairy Development complex, PO-Bihar Veterinary college, Patna-800014 through its Managing Director.

2. The Managing Director, Bihar State Milk Co Operative Federation, Dairy Development complex, PO-Bihar Veterinary college, Patna800014

3. The General manager, Bihar State Milk Co Operative Federation, Dairy Development complex, PO-Bihar Veterinary college, Patna-800014

4. The Managing Director, Shahabad Dugdh Utpadak Sahkari Sangh Ltd, Katira, Arrah-802301 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. P.K. Shahi : Mr. Vikas Kumar For the Respondent/s : Mr. Nikesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-11-2018 The learned counsel appearing for the respondents has raised the issue of maintainability of the present writ petition, however the same is not required to be gone into since the petitioner seeks to withdraw the present petition with liberty to take recourse to appropriate proceedings in view of the arbitration clause as also in view of Section 9 of the Arbitration and Conciliation Act (as amended by the 2015 amendment). Having regard to the facts and circumstances of the case as also the submissions made by the learned counsel

Patna High Court CWJC No.21882 of 2018 (2) dt.06-11-2018 2/2 appearing for the parties, the present writ petition is dismissed as withdrawn with liberty to the petitioner as aforesaid, however for a period of four weeks, no coercive steps shall be taken against the petitioner herein in pursuance to the office order dated 03.11.2018 passed by the respondent no. 4.

(Mohit Kumar Shah, J) rinkee/- U